Section 1399-II. Tobacco use prevention and control program

1. To improve
  the health, quality of life, and economic well-being  of  all  New  York
  state  citizens,  there  is  hereby  established within the department a
  comprehensive statewide tobacco use prevention and control program.
    2. The department shall support tobacco  use  prevention  and  control
  activities including, but not limited to:
    (a) Community programs to prevent and reduce tobacco use through local
  involvement and partnerships;
    (b) School-based programs to prevent and reduce tobacco use;
    (c) Marketing and advertising to discourage tobacco use;
    (d) Tobacco cessation programs for youth and adults;
    (e)  Special  projects to reduce the disparities in smoking prevalence
  among various populations;
    (f) Restriction of youth access to tobacco products;
    (g) Surveillance of smoking rates; and
    (h)  Any  other  activities  determined  by  the  commissioner  to  be
  necessary to implement the provisions of this section.
    Such  programs  shall  be  selected  by  the  commissioner  through an
  application process which takes into account whether a program  utilizes
  methods  recognized  as  effective  in reducing smoking and tobacco use.
  Eligible applicants may include, but not be limited to,  a  health  care
  provider,  schools,  a  college  or  university,  a  local public health
  department,  a  public  health  organization,  a  health  care  provider
  organization,  association  or  society,  or  a  professional  education
  organization.
    3. (a) There shall be established a tobacco use prevention and control
  advisory board to advise the commissioner on tobacco use prevention  and
  control  issues,  including methods to prevent and reduce tobacco use in
  the state.
    (b) The  board  shall  consist  of  seventeen  members  who  shall  be
  appointed as follows: nine members by the governor; three members by the
  speaker of the assembly; three members by the temporary president of the
  senate  and  one  member  each  by the minority leader of the senate and
  minority leader of the assembly. Any vacancy or  subsequent  appointment
  shall  be filled in the same manner and by the same appointing authority
  as the original appointment. The  chairperson  of  the  board  shall  be
  designated by the governor from among the members of the board.
    (c)  The  members shall serve for terms of two years commencing on the
  effective date of this section. Members of the board  shall  receive  no
  compensation  but  shall  be  reimbursed for reasonable travel and other
  expenses incurred in the performance of their duties hereunder.
    (d) The board shall meet as often as it deems necessary, but  no  less
  than  four  times a year. No nominee to the board shall have any past or
  current  affiliation  with  the  tobacco  industry  or   any   industry,
  contractor,  agent,  or  organization that engages in the manufacturing,
  marketing, distributing, or sale of tobacco products. The board shall be
  appointed in full within ninety days  of  the  effective  date  of  this
  section.
    (e)  The  department  shall prepare and submit to the board a spending
  plan for the tobacco  use  prevention  and  control  program  authorized
  pursuant  to  the provisions of subdivision one of this section no later
  than thirty days after the submission of the budget to the legislature.